Resident Magistrate's Court.

Marlborough Express, Volume III, Issue 107, 14 March 1868, Page 5

Resident Magistrate's Court.

BLENHEIM— Monday, March 9, 1868. [Before S. L. Muller, Esq., R.M.] CHAS. o'SULLIVAN V. AVM. STRACHAN. No appearance. AV. n. HYDE V. JOSHUA NICHOLS. No appearance. JOHN SMART V. ROBERT m‘LAUGHLAN. This Avas a claim amounting to £lO 4s. for Avork clone and money advanced. John Smart said he A\ r as employed by the defendant to help him in putting up a mud house. He charged for 40 yards of mud Avork at 4s. 6d. per yard, £ 1 money lent, and 4s. advanced for refreshments. The defendant had refused to pay. The summons in this case had been made by Harry Cleaver; but there having been no affidavit of service made, the Magistrate Avas about to cause the case to stand over, ■when defendant made an appearance, and the case proceeded. Mrs. Anna Bonnington said Smart worked with defendant, but she did not know upon Avhat terras. She heard M'Laughlan ask him to raise clay for him till he came back from Blenheim. He replied, he would rather not, as he did not knoAv Avhen Bob might return. MHaughlan then said lie would pay him off, and be done with him. He said he would pay him off next day if he got the money. liobert M‘Laughlan said he contracted to build and finish a mud house for £35. He told Smart that if he would work along with him at it, they avoulcl share alike in the profits after tlie timber, shields, and carriage were paid for. They worked at the job ; he had to come to town to see Mr. Moffitt upon business, and he offered Smart that if he would go on Avhilst he was away, he would pay him extra. Smart refused, and he told him to go, that he Avould measure the work and pay him Avhat it was Avorth. It had not been measured yet.—Judgment for plaintiff, with £3 15s. costs. This concluded the business.